Judge: Vista Meadows owner can sell, lease part of property but only for golf-related uses

INDIAN RIVER COUNTY — The owner of the 166-acre Vista Meadows golf course community has the right to sell or lease parts of the property, but only for golf-related uses, a judge has ruled.

Circuit Judge Cynthia Cox's Feb. 28 judgment has left both the plaintiff, Vista Golf LLC, and the main defendant, Vista Royale Association, seeing victory and interpreting aspects of the judge's ruling.

"It allows us to use the property in the most efficient way possible and still keep it as a golf course," said Vero Beach attorney Charles "Chuck" Sullivan Jr., manager of Vista Golf, on Monday.

Vista Royale attorney David Earle, of Stuart, was surprised to hear of Sullivan's victory claim because he said Cox' ruling states the property "may be used only as a golf course."

"I think that speaks for itself," he said.

The 27-hole course lies off U.S. 1, south of Vero Beach, where it is shared by residents in the 1,512-unit Vista Royale and 644-unit Vista Gardens condominium communities.

Vista Golf, which bought the course in 2006 for $2.4 million, filed the suit in 2008 against both resident associations, seeking to overturn restrictive covenants so it could use the golf course land for other purposes, such as more condominiums.

A jury in August recommended upholding the restriction that the land remain a 27-hole golf course, not to be parceled off.

Cox ruled Sullivan's company couldn't be forced to operate a golf course, but restricting the property to a golf course was valid.

Vista Gardens resident Ray Batt concluded last week that meant, "The property can be used only as a golf course or must remain vacant."

Cox also ruled forcing Vista Golf to keep all 166 acres together is an "unreasonable restraint."

Earle said the judge basically acknowledged Vista Golf's 2011 sale of the northern nine holes, and lease of the southern 18 holes, to American Golf Club LLC.

Allowing that transaction to remain, he said, is a win for Vista Royale residents because the property remains a golf course.

Sullivan said he needs one aspect of the judgment clarified. Cox wrote that partial sales of the property "would not likely adversely affect the character, marketability and quality of life of the Vista community" as long as the property remains a golf course.

She pointed to American Golf Club's use of purchased and leased land, which she said technically violated the covenants but has pleased the residents because American Golf is maintaining and operating the property.

Sullivan has until March 28 to file any appeal. He said he would have his attorney, Louis "Buck" Vocelle of Vero Beach, ask Cox what kind of uses he could develop and still support the golf course.

"We're not making much off that golf course," he said. "We could use another property and generate money to support the golf course, such as pay its taxes, insurance and other expenses. ... We could put a pool. We could put a country club in. ... The options are unlimited as long as we operate a golf course."